Compensatory interest on Expropriation Actions: comments on the Judgment of ADIN (Direct Action of Unconstitutionality) 2,332/DF
Compensatory interest on Expropriation Actions: comments on the Judgment of ADIN (Direct Action of Unconstitutionality) 2,332/DF
DOI:
https://doi.org/10.48143/rdai.13.alKeywords:
Expropriation lawsuits, lssuance of possession , Compensatory interest, Calculation basis and percentageAbstract
Thisarticle considers the decision of the Supreme Court in ADIN 2,332/DF(DJf16.04.2019), which was filed for the declaration of unconstitutionality of provisions inserted by Provisional Measure 2, 183-56/2001 in Decree-Law 3,365/41, which provides for the expropriations for public utility. The STF's decision on the basis of calculation of the compensatory interest due in the event of prior issuance by the Management, the percentage established by law and the need to prove the loss of incarne suffered by the owner from as a requirement for the payment of compensatory interest.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2020 Journal of Public Law and Infrastructure
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
This journal is licensed by (CC BY-NC-ND)
Submission and publication of articles are free; peer-reviewed; the journal uses CrossCheck (anti-plagiarism); and complies with the COPE Editors' Guide; Committee on Publication Ethics, in addition to the Elsevier and SciELO recommendations.
Check the Rules for the submission and evaluation of the RDAI.
